Dr Sarah McKibbin returns to unpack the nuanced world of equitable assignments: how rights and interests in property are transferred when legal formalities fall short.Explore the distinction between legal and equitable assignments and discover how equity steps in to facilitate transfers of present and future property. Learn why intention is key, and how equity’s flexibility allows for assignments that the common law might reject.Through cases such as Norman v FCT, Milroy v Lord, and Corin v Patton, delve into the rules governing voluntary gifts, assignments of future interests, and the critical role of consideration. Understand how equity balances substance over form, and why the rule in Dearle v Hall can upend expectations in priority disputes.Whether you're navigating Torrens title, contractual rights, or equitable interests under a trust, this episode offers a practical framework for analysing assignments and their enforceability.⚖️ Perfect for: Law students mastering property law, lawyers handling commercial transactions, and anyone curious about equity.📻 CreditsHost & Producer: Dr Sarah McKibbin, University of Southern QueenslandAudio Production & Sound Design: Ben Meares
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Episode 13: Constitution, Formalities and Validity
Dr Sarah McKibbin completes the journey through express trust creation by exploring the final hurdles: complete constitution, legal formalities, and vitiating factors that can invalidate even well-drafted trusts.Learn why transferring property to a trustee is more than a formality, and how cases like Milroy v Lord and Corin v Patton shape the rules around proper constitution. Discover the fascinating world of secret trusts — where informal promises can override formal wills — and how courts prevent fraud while upholding testamentary freedom.Uncover the legal and policy reasons why some trusts fail: from attempts to defraud creditors to conditions that violate public policy, such as religious coercion in Ebbeck. Understand how the rule against perpetuities has evolved in Queensland, and what the new 125-year vesting period means for modern trust planning.⚖️ Perfect for: Lawyers and students seeking an entry-level understanding of trust validity and the practical challenges of trust administration.📻 CreditsHost & Producer: Dr Sarah McKibbin, University of Southern QueenslandAudio Production & Sound Design: Ben Meares
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Episode 12: The Three Certainties and Practical Considerations
Dr Sarah McKibbin unpacks the foundational requirements for creating a valid express trust — certainty of intention, subject matter, and objects — through a blend of legal theory, practical insight, and case analysis.Explore how courts determine whether a trust was truly intended, even when formal documentation is lacking. Learn why vague language like 'in fullest confidence' may not be enough, and how modern courts apply an objective test to assess trust intention, as seen in Byrnes v Kendle.Delve into the challenges of defining trust property, especially with fungible assets like shares, and how courts balance legal precision with commercial reality. Discover how the law distinguishes between fixed and discretionary trusts, and why identifying beneficiaries with certainty is crucial for enforceability.⚖️ Perfect for: Law students mastering trust creation, legal professionals drafting or litigating trust deeds, and anyone interested in how equity balances formality with fairness.📻 CreditsHost & Producer: Dr Sarah McKibbin, University of Southern QueenslandAudio Production & Sound Design: Ben Meares
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Episode 8: Equitable Interests and Priorities
Dr Sarah McKibbin demystifies the complex world of equitable interests and priorities in property law, guiding listeners through the nuanced hierarchy of equitable rights — from equitable interests to mere equities and personal equities.Explore how equity distinguishes between legal and beneficial ownership, and why this matters when disputes arise. Through analogies and real-world examples, discover how equity protects rights that the common law might overlook.Dive into landmark cases like Latec Investments v Hotel Terrigal and Commissioner of Stamp Duties (Qld) v Livingston to understand how courts classify and prioritise competing claims. Learn how concepts like postponing conduct, the better equity doctrine, and the role of notice shape outcomes in priority disputes.Unpack the special rules for beneficiaries under trusts and how Torrens title interacts with equitable principles — especially through exceptions like fraud and the in personam doctrine.⚖️ Perfect for: Law students grappling with equitable classifications, lawyers navigating property disputes, and anyone with an intellectual curiosity📻 CreditsHost & Producer: Dr Sarah McKibbin, University of Southern QueenslandAudio Production & Sound Design: Ben Meares
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Episode 11: Trust Applications and Classifications
Dr Sarah McKibbin brings trust law to life through the High Court case of Byrnes v Kendle—where an ordinary couple's property arrangements demonstrate how trust principles operate when relationships break down. Explore five major trust applications shaping Australian society: family wealth management, business structures, collective investments, testamentary arrangements, and charitable purposes.Master essential trust classifications from express, resulting, and constructive trusts to the Quistclose trust. Learn to distinguish trusts from agency, debt, and charges—distinctions that can mean the difference between recovery and loss in insolvency situations.Get an exclusive preview of Queensland's new Trusts Act 2025, representing the most significant modernisation of trust law in over 50 years, with enhanced beneficiary protections and mandatory trustee duties.⚖️ Perfect for: Law students tackling trust classifications, lawyers handling family or commercial trust disputes, and professionals navigating the intersection of trust law with other legal frameworks.📻 CreditsHost & Producer: Dr Sarah McKibbin, University of Southern QueenslandAudio Production & Sound Design: Ben Meares
'The Doctor and Student: Dialogues on Equity and Trusts' takes you on an engaging journey through equity and trusts with a distinctive Australian edge. Follow Dr Sarah McKibbin and her inquisitive student hosts as they unravel complex legal concepts through conversational dialogue, practical cases, and thoughtful reflection points. From medieval origins to modern applications, this podcast transforms challenging legal material into an accessible audio experience—perfect for law students, practising lawyers, or anyone curious about how equity shapes our legal system today.
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